Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010688082025 NC: 2026:KHC:45527 WP No. 32572 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 32572 OF 2025 (GM-RES) BETWEEN:
1.
SRI. SATISH K S/O LATE SRI. KRISHNAPPA G.C AGED ABOUT 43 YEARS
2.
SMT. PREMA D/O LATE SRI. KRISHNAPPA G.C AGED ABOUT 58 YEARS
3.
SMT. ANASUYA D/O LATE SRI. KRISHNAPPA G.C AGED ABOUT 49 YEARS
4.
SMT. RATHNAMMA D/O LATE SRI. KRISHNAPPA G.C AGED ABOUT 46 YEARS
5.
SRI. K. CHANDRA S/O LATE SRI. KRISHNAPPA G.C AGED ABOUT 44 YEARS
PETITIONERS RESIDING AT NO.60 GOPALAPURA VILLAGE BAGALURU POST, JALA HOBLI YELAHANKA TALUK BENGALURU RURAL DISTRICT-562 149
…PETITIONERS (BY SRI: SRIHARI N.S. ADVOCATE)
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
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AND:
1.
THE TAHSILDAR YELAHANKA TALUK MINI VIDHANA SOUDHA YELAHANKA BENGALURU-560 064
2.
THE CHIEF REGISTRAR OF BIRTH AND DEATHS M.S. BUILDING BENGALURU-560 001
…RESPONDENTS (BY SMT: NAVYA SHEKHAR, AGA FOR R1 AND R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD. 10.07.2025 AT ANNX-A BEARING NO.JA.MA.NO/CR/1670/2024-25 ISSUED BY R-1 TAHASILDHAR AND CONSEQUENTLY, DIRECT THE RESPONDENTS TO CORRECT THE DECEASEDS FATHERS NAME AS CHIKKANANJAPPA INSTEAD OF CHIKKAKALAPPA AS SOUGHT BY THE P-1 IN THE DEATH CERTIFICATE REGISTERED ON 06.01.2007 ISSUED BY THE CHIEF REGISTRAR OF BIRTHS AND DEATHS AT ANNX-B.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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CNR: KAHC010688082025 NC: 2026:KHC:45527 WP No. 32572 of 2025
ORAL ORDER
Petitioners have filed the present writ petition challenging the endorsement dated 10.07.2025 at Annexure-A, whereby, the request of the petitioners for correction of the name of his grandfather as Chikka Nanjappa instead of Chikka Kalappa, has been rejected by respondent No.1.
2. It is the case of the petitioners that the father of petitioners died on 04.01.2007 and the same has been registered in the Registration of Births and Deaths and the death certificate was also obtained. In the death certificate, the name of the father of the deceased Krishnappa, that is, the grand-father of the petitioners herein, has been wrongly indicated as Chikka Kalappa in the place of Chikka Nanjappa.
3. Seeking correction of the name of the father of deceased Krishnappa as Chikka Nanjappa in the place of Chikka Kalappa, the petitioners had approached respondent No.1. Pursuant to the said request, report from the jurisdictional Revenue Inspector was obtained, who has reported that the name of the father of late Krishnappa could be corrected as Chikka Nanjappa. When the proposal for correction of the
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death certificate was forwarded to the Additional Registrar of Births and Deaths, Bengaluru Urban District, the said authority has informed respondent No.1 that, in view of the provisions contained in Registration of Births and Deaths Act, 1969, it is not possible to change the name of the father of the deceased. Based on the said communication, respondent No.1 has issued the endorsement dated 10.07.2025 at Annexure-A. The provisions indicated in the endorsement is not traceable in the Registration of Births and Deaths Act, 1969 or the Karnataka Rules. The provisions quoted therein is not clear.
4.
Learned counsel for the petitioners places reliance on Section 15 of the Registration of Births and Deaths Act, 1969, which reads as follows:
15. Correction or cancellation of entry in the register of births and deaths.— If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be
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corrected or cancelled correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation."
5. In addition, learned counsel for the petitioners also places reliance on Rule 11 of the Karnataka Registration of Births and Deaths Rules, 1999, which reads as follows:
"11. Correction or cancellation of entry in the register of births and deaths.-
(1) If it is reported to the registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him and if the register is in his possession, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the Tahsildar or Commissioner/Chief Officer of the Municipal Corporation/Municipal Council, as the case may be. (2) In the case referred to in sub rule (1) if the register is not in his possession the Registrar shall make a report to the State Government or the Tahsildar
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or Commissioner/Chief Officer of the Municipal Corporation/Municipal Council, as the case may be, and call for the relevant register and after enquiring into the matter, if he is satisfied that any such error has been made, make the necessary correction.
(3) Any such correction as mentioned in sub- rule (2) shall be countersigned by the State Government or the Tahsildar or Commissioner/Chief Officer of the Municipal Corporation/Municipal Council, as the case may be when the register is received from the Registrar. (4) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case. (5) Notwithstanding anything contained in sub rule (1) or sub-rule (4), the Registrar shall report of any correction of the kind referred to therein giving necessary details to the State Government or the Tahsildar or Commissioner/Chief Officer of the Municipal Corporation /Municipal Council, as the case may be. (6) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the
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officer authorised by the Chief Registrar by General or special order in this behalf under section 25 and on hearing from him take necessary action in the matter. (7) In every case in which an entry is corrected or cancelled under this rule, intimation thereof shall be sent to the permanent address of the person who has given information under section 8 or section 9."
6. Relying on the aforesaid provision, he contends that the Registrar of Births and Deaths has ample power to consider the request for correction of the erroneous entries in the register upon holding necessary inquiry. In the present case, the request made by the petitioners is to respondent No.1 - Tahsildar and the endorsement at Annexure-A has been issued based on the communication issued by the Registrar - respondent No.2. No enquiry was conducted and no opportunity of hearing has been granted to the petitioners to produce necessary records and demonstrate that the name of the father of the deceased Krishnappa was Chikka Nanjappa and not Chikka Kalappa. 7.
Learned AGA at the first place, submits that for any correction in the death certificate which was already issued, the
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parties will have to approach the Civil Court seeking necessary declaratory relief. However, she further submits that if the petitioner approaches respondent No.2 with a proper petition along with all the necessary documents to demonstrate that the name of father of Krishnappa is Chikka Nanjappa and not Chikka Kalappa, respondent No.2 would conduct necessary enquiry and thereafter take a decision. 8. In light of the aforesaid submissions and taking note of the provisions referred to supra, this Court is of the opinion that the petitioners be permitted to approach respondent No.2 with an appropriate petition or representation seeking correction of the death certificate of Krishnappa, insofar as indication of the name of father of Krishnappa as Chikka Nanjappa in place of Chikka Kalappa. If necessary, respondent No.2 may also provide personal hearing to the petitioners. If, upon enquiry, respondent No.2 finds that the actual name of the father of Krishnappa is Chikka Nanjappa and not Chikka Kalappa, necessary corrections or entries be made in the register of births and deaths and sequentially, issue the corrected death certificate. - 9 -
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9. On a query, learned counsel for the petitioners submits that there are no civil litigation with regard to any of the properties of Krishnappa or Chikka Nanjappa or concerning the actual name of father of Krishnappa. The said submission is placed on record. 10. In the light of the above, the writ petition is
disposed of.
Permitting the petitioners to approach respondent No.2 within 15 days from the date of receipt of certified copy of this
order and respondent No.2 to conduct the inquiry and conclude the same and pass necessary orders within three months thereafter.
The consideration of the petition or the representation of the petitioners by respondent No.2 as directed above shall be without reference to the endorsement at Annexure-A.
Sd/- (T.P.VIVEKANANDA) JUDGE
BGN, List No.: 1 Sl No.: 44